Disposed¶30

Shri Mene Konyak @ Mane v. State of Nagaland and 5 Ors.

Gauhati HC11 Mar 2025WP(C)/314/2024

Case brief

AI extract

What is this about?

Gauhati High Court Kohima Bench; WP(C)/314/2024; Justice Budi Habung; order dated 12-03-2025; Nagaland; contingency fixed pay sweeper; Youth Resources Officer Mon; higher scale of pay; Revision of Pay (ROP) 2015; Office Memorandum No.AR-3/GEN-67/2001 dated 5.3.2025; conversion of work-charged and casual employees to scale pay; Article 226 Constitution of India; similar cases W.P.(C) 165 to 168(K)/2018; writ petition disposed of with direction to consider scale of pay within three months.

What did the court decide?

Direction to the respondent authorities to consider the petitioner's case for granting a scale of pay as per Revision of Pay 2015, in accordance with Office Memorandum No.AR-3/GEN67/2001 dated 5.3.2025, within 3 (three) months from the date of receipt of a certified copy of the order. ¶30

Shri Mene Konyak @ Mane Vs State of Nagaland and 5… — Writ and Judicial Review | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent authorities should be directed to consider the petitioner's case for granting a higher scale of pay. +1 more

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Court's answer

In light of the Chief Secretary's Office Memorandum dated 5.3.2025 and with the consent of the parties, the writ petition is disposed of with a direction to the respondent authorities to consider the petitioner's case for granting a scale of pay as per the Revision of Pay 2015, in accordance with Office Memorandum No.AR-3/GEN67/2001 dated 5.3.2025, within three months from receipt of a certified copy of the order.

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Ratio / Principle

The basis of the disposal is the Office Memorandum issued by the Chief Secretary to the Government of Nagaland on 5.3.2025, acted upon with the consent of the parties, the State Government Advocate having raised no objection to the petitioner's request.

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Detailed headnote1 paragraphs

WP(C)/314/2024, Gauhati High Court (Kohima Bench), order dated 12-03-2025 by Justice Budi Habung. The petitioner, a contingency (fixed-pay) Sweeper in the Youth Resources Officer's establishment, Mon, Nagaland, serving about 31 years at a fixed pay of Rs.450/- p.m. since 01.05.1994, sought a direction that his case be considered for a higher scale of pay, claiming parity with petitioners in W.P.(C) 165 to 168(K)/2018 who obtained a scale of pay by office order dated 23.1.2020 in compliance with this Court's order dated 24.9.2018. At the hearing, counsel produced Office Memorandum No.AR-3/GEN-67/2001 dated 5.3.2025 of the Chief Secretary, Nagaland, directing that verified fixed-pay work-charged and casual employees registered in PIMS be granted Revision of Pay 2015 scales w.e.f. 01.04.2025. With the learned Government Advocate raising no objection and with the consent of the parties, the writ petition was disposed of with a direction to the respondents to consider the petitioner's case for a scale of pay per ROP 2015 in accordance with the said Office Memorandum within three months of receipt of a certified copy of the order.

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Page No.# 1/4

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GAHC020008342024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH

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Case No. : WP(C)/314/2024

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SHRI MENE KONYAK @ MANE SWEEPER, CONTINGENCY (FIXED PAY) YOUTH RESOURCES OFFICER, MON NAGALAND

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VERSUS

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STATE OF NAGALAND AND 5 ORS THROUGH THE CHIEF SECRETARY NAGALAND KOHIMA 2:THE COMMISSIONER AND SECRETARY P AND AR DEPT. NAGALAND KOHIMA

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3:THE FINANCIAL COMMISSIONER NAGALAND KOHIMA

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4:THE SECRETARY YOUTH RESOURCES AND SPORTS NAGALAND KOHIMA

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5:THE DIRECTOR

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DIRECTORATE OF YOUTH RESOURCES AND SPORTS NAGALAND KOHIMA

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6:THE YOUTH RESOURCES OFFICER MON NAGALAN

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Advocate for the Petitioner : KEKHRIESENUO, H ZELIANG

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Advocate for the Respondent : ,

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Page No.# 2/4

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BEFORE HON'BLE MR. JUSTICE BUDI HABUNG

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ORDER

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Date : 12-03-2025

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Heard Ms. H. Zeliang, learned counsel appearing for the petitioner. Also heard Ms. Bichano learned Government Advocate appearing for the State respondents.

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By filing this writ petition under Article 226 of the Constitution of India, the petitioner is seeking direction to the respondent authorities to consider his case for granting higher scale of pay.

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The case of the petitioner is that by office order No.DYRS/YW-B/5/93-94 dated 09.06.1994, he was appointed as Sweeper on contingency basis in the fixed pay of Rs.450/- PM w.e.f.01.05.1994 and posted under the establishment of Youth Resources Officer, Mon, Nagaland. Since then the petitioner has been serving the Department for about 31 years. The further case of the petitioner is that earlier the petitioner submitted representation before the authority for up gradation to the higher scale of pay.

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The learned counsel for the petitioner further submits that, in a similar case, this Court, by order dated 24.9.2018, passed in W.P.(C) 165 to 168(K)/2018, directed the State respondents to consider the petitioner’s case for granting a scale of pay. Accordingly, in compliance with the Court’s order, the respondent authorities, by office order dated 23.1.2020, granted a scale of pay

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Page No.# 3/4 to the petitioners. It is submitted that the case of the present petitioner is similarly situated and squarely covered by those cases.

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However, at this stage, the learned counsel for the petitioner has presented Office Memorandum No.AR-3/GEN-67/2001 dated 5.3.2025, issued by the Chief Secretary, Government of Nagaland. This memorandum pertains to conversion of wages of work-charged and casual employees to scale pay as per the Revision of Pay (ROP) 2015, which is reproduced below for ready reference:-

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“ On the recommendation of the Nagaland Work-Charged and Casual Employees Commission and in pursuance of the Cabinet’s decision conveyed vide letter No.CAB-1/14/.2023 dated 25^th February 2025, all WorkCharged and Casual Employees in all the Departments, whose name have been duly verified by the District Level verification Committee and registered in PIMS, receiving fixed pay shall be granted scale of pay as per the Revision of Pay, 2015 with effect from 01.04.2025.

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Therefore, all departments having WorkCharged and Casual employees are directed to expedite the conversion accordingly.”

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In light of the above Office Memorandum, the learned counsel for the petitioner submits that, since the Government has already granted a scale of pay to the work-charged and casual employees as per the revision of Pay 2015, this writ petition should be disposed of with a direction to the respondent authorities to consider the petitioner’s case according to the Office Memorandum dated 5.3.2025.

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Page No.# 4/4 8. Ms. Bichano, learned Government Advocate, who previously mentioned that the State Government is framing a comprehensive policy on the remuneration and terms of service for contingency and fixed pay employees, now submits that given the issuance of Office Memorandum dated 5.3.2025, she has no objection to the request made by the petitioner’s counsel.

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In light of the Office Memorandum issued by the Chief Secretary to the Government of Nagaland on 5.3.2025, and with the consent of the parties, this writ petition is disposed of with a direction to the respondents authorities to consider the petitioner’s case for granting a scale of pay as per the revision of Pay, 2015, in accordance with Office Memorandum No.AR-3/GEN67/2001, dated 5.3.2025, within a period of 3(three) months from the date of receipt of a certified copy of this order.

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With these observations, this writ petition stands disposed of.

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Sd/-

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JUDGE

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Comparing Assistant

Shri Mene Konyak @ Mane v. State of Nagaland and 5 Ors.

Case brief

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Shri Mene Konyak @ Mane v. State of Nagaland and 5 Ors.

Case brief

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